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2025 DAILYLAW 29756 (RAJ)

UMESH KUMAR S/O POORANCHAND v. STATE OF RAJASTHAN

CRLMB/11112/2024 · 2025-03-25

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:13552] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11112/2024 Umesh Kumar S/o Pooranchand, Aged About 42 Years, R/o 12/147, Jogi Pada Shahganj Police Thana Shahganj District Agra (U.p.) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor Bharatpur (Raj.). ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/03/2025 1. The instant pre-arrest bail application has been filed under Section 482 of BNSS filed on behalf of the petitioner, who is having apprehension of arrest in F.I.R. No.63/2024 registered at Police Station Kotwali Bharatpur, District Bharatpur (Rajasthan) for offence punishable under Section 379 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that initially, FIR was registered for the offence punishable under Section 379 of IPC but later on, police converted the same for the offences punishable under Section 420, 406 & 120B of IPC. Counsel submits that vide order dated 02.01.2025 petitioner was directed to join the investigation and in terms of the said order, petitioner has already joined the investigation. [2025:RJ-JP:13552] (2 of 3) [CRLMB-11112/2024] Custodial interrogation of the petitioner would not serve any fruitful purpose. 3. Learned State Counsel opposes the submissions made by counsel for the petitioner. However, he fairly conceded the fact that petitioner has joined the investigation in terms of order dated 02.01.2025. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by counsel for the petitioner, as also the fact that petitioner has joined the investigation; nature of allegation, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Kotwali Bharatpur, District Bharatpur (Rajasthan) in F.I.R. No.63/2024 is directed that in the event of arrest of the petitioner- Umesh Kumar S/o Pooranchand, he shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the petitioner shall make himself available for interrogation by a police officer as and when required; (ii) that the petitioner shall not directly or [2025:RJ-JP:13552] (3 of 3) [CRLMB-11112/2024] indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the petitioner shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN),J LALIT MOHAN /284